Board of Zoning Appeals

AREA BOARD OF ZONING APPEALS OF TIPPECANOE COUNTY LAFAYETTE DIVISION October 15, 2018 The City of Lafayette Board of Zoning Appeals met in regular session on Monday, October 15, 2018 at 4:00 PM. Members present were: Jackson Bogan, Tracy Walder, Kathy Davis, and David Lahr. The meeting was called to order by Mr. Bogan. Ms. Walder moved to approve the minutes of the previous meetings (August 20 and September 17, 2018) as distributed; second by Ms. Davis. The motion passed by unanimous voice vote. NEW BUSINESS 2018-20 Petition filed by A & M PIZZA REAL ESTATE LLC for multiple requests for property located at 2504 GREENBUSH ST: 1) Variance to allow 36' front setback instead of the required 60'. 2) Variance to allow 14 parking spaces instead of the required 21 spaces. Ms. Walder moved to hear and approve the petition, second by Ms. Davis. Bill Drake, agent for the petitioner, presented the petition. Mr. Drake stated the reason for the setback is that the existing building, this is a small lot out in front of Pay Less, we will be moving the building forward to allow for delivery truck access. They will drive around the back, now its a little bit too narrow. The current building that is there is larger, the new building will be smaller and will be moving it forward just a little bit so that we can get traffic around there. In doing so, that eliminated a few of the parking spots, but about 90% of their business is delivery. There new concept does have some in-house dining. You can go in there and sit down now. They have expanded their menu to salads and sandwiches, more than just pizza now. Its a very attractive restaurant. We will be building two of them in Lafayette. Mr. Began asked for confirmation that the building will be a new building, smaller, and will be moved forward. Mr. Drake confirmed this information. Mr. Began asked how many table spots would be in the restaurant. Mr. Drake said there would be six spots. Mr. Bogan stated that he did not see any safety concerns when he visited the site. Secretary Griffee stated that Engineering Department staff also did not have any safety concerns with the proposal. The Board voted by ballot: 1) 4 yes 0 no. Petition GRANTED. 2) 4 yes O no. Petition GRANTED. 2018-21 Petition filed by ELIZABETH RAUSCH for variance to allow 1.37' side setback instead of the required 6'. Property located at 739 OWEN ST. Ms. Walder moved to hear and approve the petition, second by Ms. Davis. The petitioner, Elizabeth Rausch, presented the petition. Ms. Rausch stated the reason for the variance is to build a carport. This is the only house left on the block I believe that does not have some sort of carport or garage. The house was built in 1898 and they did not have them at the time. I would like to do a carport instead of a garage. It is not going to be attached to the house. Mr. Lahr asked for confirmation that it will be a foot to a foot-and-a-half to the lot line. Ms. Rausch replied it would and that there is 6' privacy fence on three sides that will be between the carport and her neighbor. Mr. Rausch indicated she has spoken with her neighbors and they are fine with the proposal. Mr. Bogan asked if it would be a permanent structure. Ms. Rausch replied that it will be. It will be a wood structure, historically appropriate. They are currently working out the roof pitch. The Board voted by ballot: 4 yes 0 no. Petition GRANTED. 2018-22 Petition filed by KJG ARCHITECTURE, INC for variance to allow 42' front setback instead of the required 60'. Property located at 2840 S GREASY LN. Ms. Walder moved to hear and approve the petition, second by Ms. Davis. The petitioner, Barry Knechtel, presented the petition. Referring to a handout, Mr. Knechtel stated the reason for the variance is the difficulty in fitting a drive- thru restaurant on this site. My client is Mitchell Express Mex in Delphi. They would like to open a "fresh-mex" drive-thru restaurant at this location. The lot is by the entrance to Menard's. Jimmy John's is down the street. This comer lot, the area in red is utility easements. The gray is the required front yard setback. The orange spot is an unusable piece of land because it is surrounded by utility easements. It leaves less than half of the site for a building. He provided a rendering of the proposed building. The portion that would be closer is the overhang structure which will have indoor/outdoor seating. A covered patio is not allowed in the front yard setback; that is why we are requesting the variance. Mr. Bogan asked if this will line up with where Jimmy John's is. Secretary Griffee responded that it will be pretty close. The setback is the same. The building itself meets the setback requirement. The overhang itself and outdoor seating area is what will be closer. Mr. Knechtel clarified that the outdoor seating area can actually be enclosed in the winter time. Mr. Bogan asked how many more outlets are out there. Secretary Griffee responded that there are 2 or 3 in between there and the Jimmy John's. The Board voted by ballot: 4 yes 0 no. Petition GRANTED. 2018-23 Petition filed by SANDRA L HOAKS for variance to allow 19'-8" front setback instead of the required 25'. Property located at 2529 LAFAYETTE DR. Ms. Walder moved to hear and approve the petition, second by Ms. Davis. Joe Bumbleburg, agent for the petitioner, presented the petition. The petitioner, Sandra Hoaks, was also present. Mr. Bumbleburg stated the petitioner has requested this variance to add to the front of her house. It will be a very small porch that will replace the one that is there. There is some damage to the existing porch. There will be no overhang or anything like that. With respect to the ballot items, there will be no harm to anybody and there will be no harm to public safety and the general welfare. What we will do is improve the front of this house. This will improve the use and value. All of the houses out there are a little bit different. This is not a common type of thing, it is uncommon. We are asking for only what we need. It will be a ground level stoop with a railing. This is not for economic gain, it is about the attractiveness of the house. Mr. Bogan asked if it will be concrete. Ms. Hoaks responded that it will be with a durable wood railing. It will just be a little bit larger in size. The Board voted by ballot: 4 yes 0 no. Petition GRANTED. The next meeting of the Lafayette Board of Zoning Appeals will be on Monday, November 19, 2018 at 4:00 PM. There being no further business to come before the Board at this time, the meeting was adjourned at 4:18 PM. Chaipfrian Secretary